SAHADEO Vs. TULSI SON OF MANGAU

JUDGEMENT

(1.) The applicant is brother of deceased Jagdev, who was allegedly murdered by the accused persons at about 12.30 PM on 25.06.2007, for which the report was lodged by Hariram (PW/9) on the date of incident itself.

(2.) The trial Court has acquitted the accused persons of the charges under Sections 148/149, 302/149, 323 and 120-B IPC upon disbelieving the eye-witness account rendered by Smt. Sanmati (PW/6), Sadhuram (PW/7) and Hariram (PW/9). In the FIR (Ex.P/18), informant Hariram (PW/9) informed the police that he and deceased Jagdev went to a temple belonging to Patel and damaged the deity, therefore, accused Lachchhan and Tulsi along with other accused persons assaulted and tied him. At this point of time, Jagdev moved away, therefore, after tying him, the accused persons went after Jagdev. At about 3.00 PM, he was informed by Palliram (PW/3), Sarpanch, that the accused Lachchhan and Tulsi have committed murder of Jagdev.

(3.) Since other witnesses are not important as they have not made any incriminating statement against the accused persons, we are not adverting to the entire evidence and we restrict our consideration to the statement of Smt. Sanmati (PW/6), Sadhuram (PW/7) and Hariram (PW/9).